Incivility could be basis for discipline under proposed ethics rule change in California
New lawyers in California have been required to take a civility oath since 2014. Image from Shutterstock.
California lawyers could be disciplined for incivility under a state bar proposal headed to the California Supreme Court for approval.
The State Bar of California’s board of trustees approved the measure July 20 and sent it to the state supreme court, according to a July 21 press release.
Law360 and Law.com have coverage.
New lawyers in California have been required to take a civility oath since 2014, but lawyers admitted before that did not have such a requirement. The civility oath says: “As an officer of the court, I will strive to conduct myself at all times with dignity, courtesy and integrity.”
The bar proposal requires all lawyers to take the oath annually. And the proposal includes amendments to the California Rules of Professional Conduct specifying that lawyers can be disciplined for “significantly unprofessional conduct that is abusive or harassing,” based on all the facts and circumstances.
The amendments also state that lawyers don’t violate obligations to clients by avoiding “offensive tactics” with opposing counsel, according to Law.com.
